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Home My WebLink AboutDET24-0003 ZA Report 2024.12.18 ■ Butte County Department of Development Services ■ ■ December 18, 2024 ■ SCHACK DET24-0003 ■ Page 1 of 7■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – December 18, 2024 RECOMMENDATION: Staff recommends the Zoning Administrator find the proposed project to be categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15305 of the CEQA Guidelines (Minor Alterations in Land Use Limitations - Class 5 Exemption), and approve Legal Lot Determination DET24-0003 through a Certificate of Compliance with the findings and condition identified below in Exhibits A & B. EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination on a single parcel APN (073-220-064) (0.47± acres). The parcel was created by gift deed, Book 1751 Page 661, on April 19, 1972. The property is zoned RR-5 (Rural Residential 5 acre minimum), and contains two mini-storage buildings (Permit #869-81B) finaled on September 19th, 1981 and (Permit #2401-84B) finaled on January 23, 1995. The property is approximately 18 miles east of Oroville’s city limits. SITE CHARACTERISTICS AND SURROUNDING USES: • Assessor’s Parcel 073-220-064 is approximately 0.47± acres in size, developed with two mini-storage buildings, and zoned RR-5 (Rural Residential – 5 acre minimum). • Surrounding land uses include low-density residential uses zoned RR-5 (parcel sizes ranging from 0.49 to 2.2 acres) and TM (Timber Mountain – parcel sizes ranging from 0.78 to 34.75 acres) and large swaths of undeveloped forested land zoned TPZ (Timber Production Zone – parcel sizes ranging from 40 acres to 279.4 acres). Applicant: Tara and Peter Schack Location: Approximately 18 miles east of the City of Oroville city limits at 11852 La Porte Road, Clipper Mills, CA 95925 Owner: Tara and Peter Schack File #: DET24-0003 Supervisor District: 1 (Bill Connelly) Request: Legal Lot Determination/ Certificate of Compliance Project Planner: Tristan Weems, AICP Senior Planner G.P. Zoning: Rural Residential Rural Residential 5-acre minimum (RR-5) Parcel Size: Exhibits: 0.47 acres A: DET24-0003 Zoning Administrator Decision B: Conditions of Approval APN: 073-220-064 ■ Butte County Department of Development Services ■ ■ December 18, 2024 ■ SCHACK DET24-0003 ■ Page 2 of 7■ ANALYSIS: • The subject parcel was created in its current configuration by gift deed, Book 1751 Page 661, on April 19, 1972. • The current owners (applicants) acquired the property in 2022. • The current General Plan land use designation for the subject property is “Rural Residential”. • The current zoning of the subject parcel is RR-5 (Rural Residential 5 acre minimum). • The 0.47± acre parcel size is inconsistent with the current zoning designation’s minimum parcel area standard (5 acres). • This project is located within the State Responsibility Area (SRA) and a Very High Fire Hazard Severity Zone. • Based on research into the parcel’s prior zoning, it appears that the previous zoning was A-2, which had a minimum parcel size of 8,125 square feet on septic. The parcel which has a size of 0.47 acres (20,473.2 square feet) was thus created in compliance with the standards under Ordinance 522 which took effect August 29th, 1955. • The parcel was previously approved with two development permits (mini storage buildings). ■ Butte County Department of Development Services ■ ■ December 18, 2024 ■ SCHACK DET24-0003 ■ Page 3 of 7■ Assessor’s Parcel Map (Lot 64) ■ Butte County Department of Development Services ■ ■ December 18, 2024 ■ SCHACK DET24-0003 ■ Page 4 of 7■ ■ Butte County Department of Development Services ■ ■ December 18, 2024 ■ SCHACK DET24-0003 ■ Page 5 of 7■ AGENCY COMMENTS: The project was reviewed by the Butte County Public Works Department, Environmental Health Division, and CAL FIRE/Butte County Fire Department: • Butte County Public Works Department provided clearance in their review. • Butte County Fire provided clearance in their review, noting that the parcel is within the State Responsibility Area and High Fire Hazard Severity Zone. CAL FIRE Butte County is the Fire Department having jurisdiction. • The Butte County Environmental Health Division provided clearance of their review with the condition that the owner complete a site evaluation and provide proof of water for adequate quality and quantity. • The Planning Department provided clearance for issuance of the COC. CEQA REVIEW: This project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines (Class 5 Exemption). Under this exemption, projects that do not result in any changes to land use or density may be considered exempt from CEQA. ■ Butte County Department of Development Services ■ ■ December 18, 2024 ■ SCHACK DET24-0003 ■ Page 6 of 7■ EXHIBIT A LEGAL LOT DETERMINATION DET24-0003 (Tara and Peter Schack) Request for Legal Lot Determination/Conditional Certificate of Compliance APN: 073-220-064 ZONING ADMINISTRATOR DECISION ZDN24-00XX December 11, 2024 I. Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15305 (Class 5 Exemption). Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Wildlife Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approve Legal Lot Determination DET24-0003, subject to the following findings and requirements: A. APN 073-220-064 was created by gift deed, book 1751 Page 661, on April 19, 1972. B. The parcel appears to be zoned A-2 (Ordinance 522) at the time of creation. C. The parcel was consistent with the requirements of the A-2 zoning designation in effect at the time of its creation. D. Two previous development permits, 1981 and 1995, were issued on the parcel. E. As conditions under the Certificate of Compliance, the parcel will not be detrimental to the health, safety, and welfare of the surrounding area. F. The conditions of the Legal Lot Determination/Conditional Certificate of Compliance is as follows: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $15.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $18.00 without conditions, $21.00 with conditions. This cost estimate is based on 1 page notification (first sheet), 1 pages(s) of legal description attached as Exhibit "A", and 1 page(s) of conditions attached as Exhibit "B". 2. Contact the Butte County Environmental Health Division and complete a Site evaluation to determine field requirements. 3. Contact the Butte County Environmental Health Division and provide proof of water for quality and quantity. Approved By: ______________________________ Curtis Johnson, Zoning Administrator Date: ________________________________ ■ Butte County Department of Development Services ■ ■ December 18, 2024 ■ SCHACK DET24-0003 ■ Page 7 of 7■ EXHIBIT B Legal Lot Determination/Conditional Certificate of Compliance on APN 073-220-064 (DET24-0003): I. CONDITIONS OF APPROVAL: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $15.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $18.00 without conditions, $21.00 with conditions. This cost estimate is based on 1 page notification (first sheet), 1 page(s) of legal description attached as Exhibit "A", and 1 page(s) of conditions attached as Exhibit "B". 2. Contact the Butte County Environmental Health Division and complete a Site evaluation to determine field requirements. 3. Contact the Butte County Environmental Health Division and provide proof of water for quality and quantity.